What are my daughter’s rights is she received a notice to pay or quitafter her rental was sold at auction?

UPDATED: Jun 15, 2011

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What are my daughter’s rights is she received a notice to pay or quitafter her rental was sold at auction?

The house she rents was sold at auction. She received a notice to pay or quit. She thought she had a lease but it was signed after the previous owner had received his foreclosure notice. She told the new owner she would leave at the end of the month but requested cash for keys andwas refused. What are her options? Can they throw her out immediately?

Asked on June 15, 2011 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, the new owners have to go through a formal eviction proceeding to get an order from the court to get her out.  Once the notice has expired - it si a 3 day notice? - and she has not paid or left then the new owners will start a summary proceeding against her in court to get her out.  A summary proceeding is an expedited case which is really what a landlord tenant case is about.  The law recognizes that a long and drawn out case can go to the detriment of the parties, particularly the landlord, and so they allow for a faster process through the court system.  I think that she should start to pack her things and look for somewhere else to go.  She could also be hit with back rent and other fees.  It would be best to work things out amicably.  Good luck.

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